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Journalism of Courage
The Telangana High Court Friday questioned the legality of the state government’s extension of the last date for filing applications for retail liquor shop (A4) licences.
The bench of Justice N Tukaramji was hearing a writ petition by one D Venkateshwara Rao and others seeking to declare the memo which extended the last date for receipt of applications for retail liquor shop licences as illegal and in violation of the Telangana Excise (Grant of license of selling by Shop and Conditions of License) Rules 2012. A direction was also sought by the petitioner to not consider the applications received beyond the prescribed time on the last date.
Representing the state, Additional Advocate General (AAG) Imran Khan maintained that extension of the last date from October 18 to October 23 was a policy decision of the state government on account of a bandh call given by the Other Backward Classes Joint Action Committee on October 18.
The petitioner’s counsel, Avinash Desai, however, argued that by extending the period for submitting applications and accepting more applications, the chance of an applicant being selected has gone down drastically. The payment of a non-refundable application fee of Rs 3 lakh is a calculated risk taken by the applicants, the counsel stated, adding that rules cannot be changed in the middle of the game.
On his part, Desai said the government was free to cancel the entire process of inviting applications and refund the money to all and go for a fresh notification seeking applications. He said the government would not lose anything by doing so, as the period ofthe licence starts only from December 1. Or else, Desai said, the government should not consider any applications beyond October 18. He cited various rules and statutes, and also a judgment of the Andhra Pradesh High Court, to underscore that the last date and time for the receipt of applications for liquor licences cannot be extended under any circumstances.
Khan argued that the selection process, as per Rule 12 (5), shall be taken up at the place, time and date notified in the presence of applicants available at the time, provided that the district collector considers the selection process involves receipt of applications also. Citing the rule, he further stated that if the selection process is to be postponed, it can be done by the district collector and added that the receipt of applications is the foundation of the selection process.
He informed the court that 89,343 applications were filed till the end of October 18 and only another 5,793 applications were received till evening of October 23, which is 0.5 per cent of excess applications. According to him, the writ petition is only aimed at derailing the entire process of grant of liquor licenses in the state and showing the state in “an incorrect light”.
Hearing both sides for over two hours, the bench asked the AAG if there was a legal position to back that the selection process involves the receipt of applications. Meanwhile, Desai contended that the application process is not part of the selection process. The AAG, however, argued that selection encompasses application, but application does not encompass selection.
“The only question is, what is the legality of the extension? If that is legally valid, there is no point in the writ petition… You (the state) have to assure that the process has been done in proper form… They (petitioners) are coming up with a settled legal position by another High Court that this is not acceptable. Once that is there, staring at your face, you have to answer legally,” the bench observed. The hearing was adjourned to Saturday.
